Views
Abu Dhabi Court of Cassation on Civil Family Law and Muslim Foreigners: Has the Tide Turned?
Written by Lena-Maria Möller,
College of Law, Qatar University
The recent introduction of a civil family law regime in the United Arab Emirates – the first of its kind in the region – has attracted considerable attention, both on this blog and beyond.[1] A key unresolved issue has been the law’s applicability in Abu Dhabi, particularly regarding access for Muslim foreigners to the emirate’s newly established Civil Family Court. Scholars and legal practitioners navigating this new framework have long observed a surprising discrepancy, if not an ideological tension, between the law’s drafters and those interpreting it, especially at the higher court level. Central to this divergence has been whether Abu Dhabi’s Law on Civil Marriage and Its Effects (Law No. 14/2021 of 7 November 2021, as subsequently amended) and its Procedural Regulation (Chairman Resolution No. 8/2022 of 1 February 2022) apply exclusively to non-Muslims or extend also to Muslim foreigners who are citizens of non-Muslim jurisdictions. A recent judgment by the Abu Dhabi Court of Cassation in late October affirmed jurisdiction over Muslim foreigners with dual French-Moroccan nationality, marking a potential shift in personal jurisdiction. This ruling may expand access to a legal framework devoid of religious underpinnings for many Muslim expatriates in the UAE.
Book review: H. Muir Watt’s The Law’s Ultimate Frontier: Towards an Ecological Jurisprudence – A Global Horizon in Private International Law (Hart)
(Written by E. Farnoux and S. Fulli-Lemaire, Professors at the University of Strasbourg)
Horatia Muir Watt (Sciences Po) hardly needs an introduction to the readers of this blog. The book published last year and reviewed here constitutes the latest installment in her critical epistemological exploration of the field of private international law. More specifically, the book builds upon previously published fundamental reflections on the methods of private international law already initiated (or developed) in her previous general course (in French) at the Hague Academy of International Law (Discours sur les méthodes du droit international privé (des formes juridiques de l’inter-altérité)), as well as on the contemporary relevance of private international law (“Private International Law Beyond the Schism”). Numerous other works, naturally, also come to mind when reading this book (see among many others, ed. with L. Bíziková, A. Brandão de Oliveira, D. Fernandez Arroyo, Global Private International Law : adjudication without frontiers; Private International Law and Public law).
The publication of a book on the field that this blog deals with would be enough to justify it being flagged for the readers’ attention. We feel, however, that its relevance to our academic pursuits warrants more than a mere heads-up and, while it would be unreasonable (and risky) to try to summarize the content of this engrossing and complex book in a blog friendly format, we would like to make a few remarks intended to encourage the readers of this blog to engage with this innovative and surprising work.
Transforming legal borders: international judicial cooperation and technology in private international law – Part II
Written by Yasmín Aguada** [1]– Laura Martina Jeifetz ***[2]. Part I is available here
Abstract: Part II aims to delve deeper into the aspects addressed in the previously published Part I. International Judicial Cooperation (IJC) and advanced technologies redefine Private International Law (PIL) in a globalized world. The convergences between legal collaboration among countries and technological innovations have revolutionized how cross-border legal issues are approached and resolved. These tools streamline international legal processes, overcoming old obstacles and generating new challenges. This paper explores how this intersection reshapes the global legal landscape, analyzing its advantages, challenges, and prospects.
Keywords: private international law, international judicial cooperation, new technologies, videoconferencing, direct judicial communications, Smart contracts, and Blockchain.
News
Changes to the Editorial Board
We are delighted to announce that Wilson Lui will be joining our Editorial Board. Wilson holds degrees from the Universities of Oxford, Cambridge, the Chinese University of Hong Kong and the University of Hong Kong. He currently teaches at the University of Hong Kong while working towards his PhD at the University of Melbourne. His many publications include a comprehensive volume on the conflict of laws in Hong Kong, Hong Kong Private International Law (Hart 2025; together with Anselmo Reyes).
At the same time, we are sad to see Samuel Fulli-Lemaire (Université de Strasbourg), David P. Stewart (Georgetown University), and Marlene Wethmar-Lemmer (University of South Africa) retire from the blog after years of service to this project – we are all the more grateful for their contributions and wish them all the best.
Revue Critique de droit international privé – Issue 2025/2
Written by Hadrien Pauchard (assistant researcher and doctoral student at Sciences Po Law School)
The second issue of the Revue Critique de droit international privé of 2025 has just been released. It contains four articles, seven case notes and numerous book reviews. In line with the Revue Critique’s recent policy, the doctrinal part will soon be made available in English on the editor’s website (for registered users and institutions). Read more
Out Now: Gössl/Kienle, Grundkurs Internationales Privat- und Zivilverfahrensrecht
Any student of German private international law will take delight in the news that a new textbook has just been published by our co-editor Susanne Goessl together with Florian Kienle. The book covers questions of both the applicable law (internationales Privatrecht) and of jurisdiction and foreign judgments (internationales Zivilverfahrensrecht), with a certain focus on the former area. As one might expect from a new text, it puts the European instruments of private international law (and the areas governed by them) into the centre (pp. 16–144) – without neglecting the areas that remain governed by domestic law (pp. 145–282).
Readers looking to familiarize themselves with German PIL will appreciate the concise introduction to the field (pp. 1–15), the comprehensive coverage of fundamental questions (such as renvoi, characterisation, etc.; starting at p. 157), and the revision questions provided at the end of each chapter. Above all else, however, they will notice the many topical examples used by the authors to explain the material, ranging from climate change and human rights litigation to Covid, the Volkswagen emissions scandal, and the 2021 Suez Canal obstruction by the Ever Given. The wealth of these examples alone makes the book a great read even for those who may consider themselves already well acquainted with German PIL (not least if they need to teach it).
More information on the book is available here.